Ariz. Admin. Code § R6-14-503 - Administrative Disqualification Hearings
A. The rules on fair hearings contained in
Article 4 of this Chapter apply to Intentional Program Violation (IPV)
Administrative Disqualification Hearings, except as provided in this
Article.
B. All IPV Administrative
Disqualification Hearings are conducted by the Department's Office of
Appeals.
C. If the individual
suspected of an IPV does not sign and return the waiver of Administrative
Disqualification Hearing by the return date set in the waiver notice, or
returns the waiver notice stating they do not waive the Administrative
Disqualification Hearing, the Office of Appeals shall send the individual a
written hearing notice. The Office of Appeals shall send the notice by first
class mail, certified mail - return receipt requested, or any other reliable
method, no later than 30 days before the scheduled hearing date.
D. The hearing notice shall include the
following information:
1. The date, time, and
place of the hearing;
2. The
allegations of an IPV against the individual;
3. A summary of the evidence, how and where
the evidence can be examined, and that the individual suspected of the IPV has
the right to examine the case file prior to the hearing. When requested by the
household or its representative, the Department shall provide a free copy of
any documents in the case file, except documents protected by the
attorney-client or work-product privilege or as otherwise protected by federal
or state confidentiality laws.
4. A
notice that the decision will be based solely on information provided by the
Department if the individual suspected of the IPV fails to appear at the
hearing;
5. A statement that the
individual or representative will, upon receipt of the notice, have 10 days
from the date of the scheduled hearing to present good cause for failure to
appear in order to receive a new hearing;
6. A warning that a determination of IPV will
result in disqualification periods as defined by section
R6-14-505, and a statement of which penalty the Department believes is applicable to the
case scheduled for a hearing;
7. A
listing of the individual's rights as contained in
R6-14-410;
8. A statement that the Administrative
Disqualification Hearing does not preclude the State or Federal Government from
prosecuting the individual for the IPV in a civil or criminal court action, or
from collecting any over issuance of Nutrition Assistance benefits;
and
9. A statement that the
individual suspected of the IPV may consult with an attorney and a list of any
individuals or organizations known to the Department that provide free legal
representation.
10. A notice that
the individual suspected of the IPV has the right to obtain a copy of the
Department's published hearing procedures together with an explanation of how
the individual suspected of the IPV can obtain these procedures.
E. The hearing officer shall
postpone a hearing for up to 30 days if the individual suspected of the IPV
files a written or oral request for postponement with the hearing officer no
later than 10 days before the hearing date. Any such postponement shall
increase the time by which the hearing officer shall issue a decision, as
provided in subsection (J) below.
F. The time and place for the hearing shall
be arranged so that the hearing is accessible to the individual suspected of
the IPV, including making reasonable accommodations for a person with a
disability.
G. At the start of the
Administrative Disqualification Hearing, the hearing officer shall advise the
individual suspected of the IPV or representative of the right to remain silent
during the hearing. The hearing officer shall also advise that if the
individual suspected of the IPV or representative chooses not to exercise the
right to remain silent, anything they say may be used against them.
H. A hearing officer, as prescribed in
R6-14-407, shall conduct the Administrative Disqualification Hearing pursuant
to the procedures set forth in
R6-14-408, R6-14-409, R6-14-410 and
R6-14-413, except as prescribed in this subsection.
I. The Department shall prove by clear and
convincing evidence that the household member committed, and intended to
commit, an IPV.
J. No later than 90
days from the date of the notice of hearing, as increased by any postponement
days, the hearing officer shall send to the individual suspected of the IPV a
written decision. The hearing officer shall find whether the evidence shows by
clear and convincing evidence that the person committed, and intended to
commit, an IPV. The decision shall specify the reasons for the decision,
identify the supporting evidence, identify the pertinent regulation, respond to
reasoned arguments made by the individual suspected of the IPV or
representative, and include appeal rights.
Notes
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